Right to legal representation at internal disciplinary hearings

My blog post on 29th September 2009 focussed on the case of R (on the application of G) v Governors of X School [2009] IRLR 434 which held that in certain circumstances there may be an overarching right to legal representation before an internal disciplinary hearing, regardless of what the organisation’s rules say on the matter.

The Court of Appeal has ruled in the same case (renamed as G, R (on the application of) v X School [2010] EWCA Civ 1) that Article 6 of the ECHR requires that a claimant should be afforded an opportunity to be legally represented at a disciplinary/appeal hearing where it was determinative of a right to practise a profession.

The brief facts of this case was that G was a teaching assistant at X school. An allegation was made that he had had sexual contact with a 15 year-old work experience student. The school governors conducted a disciplinary hearing and dismissed him, reporting his dismissal to the Independent Safeguarding Authority (ISA) so that it could determine whether he should be placed on a ‘barred’ list of those unsuitable to work with children. G brought judicial review proceedings challenging the governors’ decisions not to allow him legal representation at a disciplinary or appeal hearing.

My earlier blog post can be seen at http://www.interalialegal.com/wp-admin/post.php?action=edit&post=285